Recusal
by The Great Artiste
Summary: This is a one off as to how I would have liked to have seen Season 5 Episode 2 play out, and how Erin should have handled Danny.


Here's a different view of how I would have liked to have seen Season 5 Episode 2 play out.

The italicized type is quoted from the actual episode.

Disclaimer: I am not affiliated with CBS, Blue Bloods, or its Producers, Writers, Cast, or Crew. My input on this episode is purely the work of my artistic prowess.

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Erin was in the kitchen preparing Sunday dinner. Earlier in the week, Danny had come to her seeking another one of his favors, that being the indictment of Damon Williams, who at age 15, accidentally shot and wounded Isabella Green, herself a teenager.

Williams plead out and received three years in a juvenile facility. He served his time and was released when he turned 18.

Isabella Green had died last week, eight years after being shot by Williams, and Danny wanted Williams indicted under the delayed death statute as the Medical Examiner's report had determined Green's death was a direct result of complications suffered from William's assault, a report Erin had requested based upon Danny's insistence.

Erin had run this up the chain of command to her new bureau chief, who had recently replaced Amanda Harris, who had been arrested and fired in the wake of the illegal surveillance ring she had orchestrated six months earlier.

The fallout from this event was wreaking havoc in the New York County District Attorney's office, resulting in the resignation of the District Attorney, and to Erin's recent dismay, the potential interim appointment of her new lover, Bob McCoy, who just happened to spring this on her the other morning as she recovered from a phenomenal hangover.

Now she was going to have to inform Danny that her office wasn't moving forward with charging Williams.

The situation could only have been made worse had Erin kept to her resolution of preparing healthy meals when it was her turn to cook Sunday dinner, but those plans went out the window as she prepared a carnivorous feast for her older brother, whether out of guilt, or in hoping it would calm him in the wake of the news she was about to deliver.

No sooner had she finished her thoughts when Danny sauntered into the kitchen.

"_Please tell me that you're not making your famous veggie lasagna again_." He caustically remarked.

"_Don't worry, after all that whining, I went full carnivore. This ham should take three years off your life."_ Erin replied.

Danny smiled: "_That's my girl, oh and by the way, I know that I'm not the type to go in for all the touchy-feely stuff but"._

"_It's just a ham, there's no need to get choked up about it."_ Erin remarked.

Danny nodded: _"I'm talking about the case wise guy. You went out of your way, I appreciate it. That means a lot, so thanks."_

"_I know, which is why this is so difficult."_ Erin stated.

"_What's difficult?" _Danny inquired.

"_I brought the case to my acting bureau chief, and he does not think we should charge Damon Williams in the death of Isabelle Green."_ Erin informed her older brother.

"_Okay, well you set him straight, right?"_ Danny asked.

Erin said nothing in response, but steeled herself for the onslaught of Danny's wrath that was sure to follow her answer.

"_Right?"_ He repeated, his voice exhibiting anger.

"_I agree with him."_ She replied, as she watched Danny's fury begin dialing up.

Sure enough, he didn't disappoint.

"_If you agree with him, what was that all about you coming down to my precinct? I mean, you even said yourself that the M.E.'s report confirmed that it was the bullet Williams put into Isabelle that killed her." _He bellowed.

Erin calmed herself:

"_Given the passage of time, the defense would aggressively dispute that finding and it would come down to our medical experts against theirs."_ She replied in an attempt to explain that it would turn into battle of experts that the jury would most likely not understand, resulting in an acquittal.

"_Okay, what about the delayed death thing? I mean, this is perfect for a bastard like Damon Williams." _Danny asked.

"_Which is why I had you bring him down, so I could gauge his demeanor, and the jury would find a smart, sympathetic young man who paid for his crime and changed his life."_ Erin explained.

"_What, changed his life how? By starting a basketball league for gang bangers? Are you kidding me?"_ He ranted in reply.

"_Danny, the DA's office has limited resources. We cannot try every case."_ She advised, trying to get her thick headed brother to understand that her office had to pick the battles it knew it could win. Especially when the odds were so clearly stacked against the prosecution.

"_Fine, I'll tell Marcus Greene that the system can't be bothered finding justice for his dead daughter." _Danny replied before storming off to the dining room.

After grace, dinner was passed. Nothing more was immediately discussed between Danny and Erin.

"_This ham's fantastic Aunt Erin_." Jack complimented.

"_Absolutely._" Henry seconded.

"_It's delicious, but you kind of sold out on the healthy stuff."_ Linda noted.

"_Yeah, selling out's her specialty_." Danny caustically remarked while staring daggers at his sister.

Linda turned to Danny: "_What's eating you?"_

Erin looked over at her brother: _"Give it a break Danny."_

Frank looked between his elder two offspring, clueless as usual: _"Am I missing something here?"_

"_Danny's upset because my office refused to charge one of his suspects."_ Erin answered.

Danny fumed. "_Suspect? The guy's guilty and you know it."_

"_Damon Williams accidently shot someone eight years ago and he paid for it. He changed his life and he deserves a second chance."_ Erin countered.

"_Accidently my foot, once a skel, always a skel."_ Danny replied, still riding his high horse.

"_Danny, it wasn't an easy decision."_ Erin once again attempted in vain to explain.

By now, Danny was full of righteous indignation. "_Well it was a lot tougher for Marcus Greene and I know 'cause I'm the one who had to call him and give him the bad news and listen to him cry on the telephone."_

"Don't make this personal between the two of you." Frank warned.

Erin looked at her father, before staring at her brother. "_It's always personal with him, and it doesn't give him the right to use me as a punching bag every time he doesn't get his way."_

Frank looked at Danny: _"No, it doesn't."_

Now Danny was both irate and on the defensive. "What do you mean by that?" He accused his sister.

"Just what I said. Every time you need something I can't deliver within the ethical, legal, or policy boundaries of my office, you go off on me and I'm fed up with it_."_ Erin retorted.

"Boys_."_ Linda remarked.

"We know, take our plates and finish our dinner in the kitchen." Sean exasperatedly replied.

"It's not like we didn't see it coming." Jack remarked, to which Henry and Frank both smiled.

"I'll come with." Nicky added, before joining her cousins.

Erin continued. "The day Jamie graduated the academy, that little girl Teresa was abducted and you wanted me to get you a warrant on Donald Banse, but you had no proof, so, I became the bad guy because God forbid, you came to me with no evidence which I could use to claim probable cause. Last year when Officer Collins was shot by Angelo Reed, and you wanted me to charge him with her murder, I told you again, that I cannot charge someone without proof, and that your eighty five year old witness lacked the necessary credibility to base our case upon, and now you want me to be your crusader for justice on a case that my office has successfully closed one time already and has now denied accepting, based on the present facts and charges."

"It's your job to convince your office otherwise." Danny retorted.

Erin leaned in and made her position clear: "The DA's office is not an extension of the NYPD. We do not serve at your pleasure. When there are clear facts and evidence, yes, I go all out for you, but when these elements are lacking, my answer is no. I took an oath and I put in too much work to get my law degree, pass the bar exam, and build my professional reputation to risk losing all of that because I have to be your personal errand girl in the DA's office. I won't risk my license and my livelihood like that. If you want to be a one man band, I suggest that you go to law school, get your degree, pass the bar, and then find a way to be employed both as a detective and an ADA. Then you can write up your own warrants and fight with yourself when your roles are conflicted, but as of right now, I'm finished."

"What do you mean you're finished?" Danny asked. " You quitting the DA's office?"

"No Danny, what I mean is that first thing tomorrow morning, I am filing a Notice of Recusal with my office on all cases where you are the lead detective." She replied.

"Recusal?" Danny inquired.

"It's a legal term for excusing herself." Jamie replied.

Danny looked over at his younger brother. "I know what it means Harvard, I just didn't know she could do that."

"I can and I will. As of right now, I'm through working with you." Erin stated, before excusing herself to leave.

Frank looked over at Danny. "She has a point."

Danny calmed down and nodded. "I'll go talk to her."

"No you won't, I'll talk to her." Jamie stated, as he got up and went into the kitchen.

Erin and Nicky were packing up to leave as Jamie approached his sister.

"Nicky, would you mind if I borrowed your mom for a minute?" He asked.

Nicky smiled at her favorite uncle." Of course not Uncle Jamie, take as much time as you need." She answered.

Erin looked at Jamie. "What?"

"Come outside with me." He requested, leading Erin to the front porch where they both sat down.

"He can be such an ass." Erin led off.

"Welcome to my world." Jamie remarked, getting a laugh out of his sister. "This is about more than just Danny, so start singing Missy."

Erin smiled. "Between us?"

"Always" Jamie answered.

Erin leaned into Jamie: "Other than everything at my office is under a microscope, and every case we bring is being scrutinized for its political value or fallout?"

"Yes." Jamie answered, putting his arm around his big sister.

Erin took a deep breath and exhaled. "I've been dating someone for the past few months, nothing serious, and between my schedule, Nicky, and everything else, it seems like we get together once a month, but he's a great guy, and I care for him."

"That sounds great, which by the way, considering your speech to me the other day that if you had something special, you wouldn't be sitting around telling me about it, so what's the problem?" He asked.

"Point taken. The Governor has asked him to step in as the interim D.A." Erin replied.

"Which makes him your boss, and you never had, and never will be perceived as sleeping your way up the ladder." Jamie concluded.

"Exactly, which now means either I have to stop seeing him, or he turns down the appointment." Erin explained.

"Do you see this going anywhere?" Jamie asked.

"Maybe, I'm not sure, why?" She inquired.

"Erin, I think what you want is a man you can turn on and off like a light switch. You want your independence, but you want to be able to snap your fingers and have him around when it suits you, and then send him home until the next time you want to be romanced. It doesn't work that way." Jamie informed her.

"And what makes you think that?" Erin asked while pulling away from Jamie and giving him her prosecutor's stare.

"Simple. You don't want to make yourself vulnerable to being hurt again. This guy isn't Jack. Face it, Nicky's moving on in life and all that's left is your career. If he's a good man, drop your shields, and give him a chance. Take your own advice. There's enough hypocrisy in this family without you adding to it." Jamie stated, before kissing his sister on the cheek and heading back inside, leaving Erin with a perplexed expression as to exactly what Jamie had meant.

Jamie walked back into the den to find Danny, Frank, and Henry. Linda was washing the dishes and Nicky and the boys were upstairs playing video games.

Frank looked up.

"She'll be fine. You have to remember, that she's under a lot of pressure, but on this one she's right. Just because she's family and an ADA, does not make her an extension of the NYPD or what we as cops want from the DA's office." Jamie noted.

"Thank you." Frank said.

"There's enough hypocrisy in this house without adding to it." Jamie replied.

"What do you mean by that?" Danny asked.

"Dad knows." Jamie replied, staring directly at his father.

"Why don't you tell me?" Frank inquired, slightly annoyed.

"Since I came on the force, I've noticed that when either Danny or I get into trouble with IAB, or when Danny was under investigation by the DA's office, you sat on the sidelines stating how you couldn't get involved, yet every time you have a political problem, you come to one of us, lately me, to solve it for you, such as riding with Officer Collins, or playing police escort to Angelo Reed last year." Jamie answered.

Danny looked between his father and brother, unsure whether or not to weigh in. Jamie was standing up for himself and this was virgin territory. What neither knew was that Erin was standing in the hallway listening.

"You're accusing me of being a hypocrite." Frank asked?

"Yes sir, I am. You can't play it both ways and hide behind your title when the wolves are at the door, and then use us as your personal soldiers when it serves to protect that position."

"Jamie, how dare you." Henry stated.

"Sorry Pops, but he's right." Danny said in Jamie's defense. "It isn't right for the Commissioner to ask something of us that he would not ask of any other officer, just because of our relationship, if that request serves to protect his position."

"What's really eating at you?" Frank asked.

"Five years on the force and I'm still driving an RMP. Danny had his gold shield after three years, and Joe after three and a half, and at five years, I have more undercover and practical street experience than they did and I've hit a glass ceiling, because you are worried about a claim of nepotism." Jamie answered.

Erin folded her arms and continued listening while Danny sat back, silently rooting for Jamie.

Frank nodded: "You're right, and it isn't just me. It's everyone who has supervised you as well. Nobody will recommend you for promotion because they are afraid of appearing to be currying favor with the Commissioner."

"Not my problem." Jamie replied. "You might want to follow Erin's example and recuse yourself on this, and have your First Deputy form a committee to review my qualifications and service record. Tell them you'll back them either way, but I deserve the review."

With that Jamie said goodnight, and left.

Frank sat there with his jaw clenched, knowing that Jamie was one hundred percent right, and that for the first time, one of his children had called him out and won.

The following morning, Erin looked up to the sound of a knock on her door. There stood Danny, a box of her favorite chocolates in hand.

"Peace offering." He smirked.

"Come on in." She answered.

"About yesterday, I'm sorry. I know how much you go out on a ledge for me, and I am grateful for it. I wouldn't have the success rate I have if it weren't for you and the great team we make." He admitted.

Erin smiled. "That's all I wanted to hear, that we are a team, and that sometimes Danny, the other member of that team has problems all her own."

"Got ya, so have you filed your recusal notice?" He asked.

"No, and after speaking with Jamie last night, I'm not going to, this time. I think you and I understand one another now." She replied.

"We do, speaking of which, I saw you in the hallway listening in last night." Danny noted.

"Jamie's right." Erin replied. "He's long overdue for a promotion and Dad can't play it both ways."

"Agreed. Gotta say I was kind of proud of the kid standing up to the old man like that." Danny replied.

Erin smiled. "Me too."

Danny gave Erin a kiss on the cheek and left.

Later that afternoon, she found red roses on the hood of her car.

As Erin hugged Bob McCoy she thought of Jamie's advice. She honestly did not know what type of a relationship she wanted with this man, but was also aware that there was something special about him she did not want to let get away, regardless of whether he became her boss or not, but first, she had to determine whether or not she could make herself vulnerable again in order to love and be loved.

Erin pulled away and looked him in the eyes. "We'll find a way to make this work." She smiled.

-30-


End file.
